If you`re planning on doing a construction or renovation project on your property, you may need to access the adjoining property for various reasons, such as to install a fence or to perform certain building works. In such situations, it is important to have an access agreement for adjoining property in place to ensure that the work is carried out smoothly without any legal issues.
An access agreement is a legal document that outlines the terms and conditions for accessing the adjoining property. It is a legally binding contract between the owner of the main property and the owner of the adjoining property, which outlines the agreed-upon terms for use during the construction period.
In most cases, access agreements are required to be in writing and signed by both parties, as verbal agreements can lead to misunderstandings and disputes that can end up in court. A written access agreement provides legal protection to both parties and ensures that each party understands their rights and responsibilities.
The following are some of the key sections that you should include when drafting an access agreement for adjoining property:
1. Scope of work – This section should clearly outline the type of work that is being carried out on the property and how it will affect the adjoining property.
2. Duration – The duration of the agreement should be stated, including the start and end dates. This will help to avoid any confusion about how long the agreement is in place.
3. Access details – This section should state the access route to be used when accessing the adjoining property, including any restrictions that may be in place.
4. Compensation – This section covers the payment or compensation that will be provided to the owner of the adjoining property in exchange for allowing access to their property. This can be in the form of a fixed amount or a percentage of the total construction costs.
5. Liability – An access agreement should clearly define who is liable for any damage that occurs during the construction period. This can help to avoid disputes that may arise due to damage that may occur on the adjoining property.
6. Insurance – It is important to make sure that your access agreement includes provisions for insurance coverage. You should ensure that your insurance policy covers any damage or accidents that may occur during the construction project.
Overall, an access agreement for adjoining property is a crucial legal document that can help to avoid unnecessary disputes and ensure that any construction projects are carried out smoothly. By including the above-mentioned sections in your agreement, you can protect yourself and the owner of the adjoining property from any legal issues that may arise during the construction period.